Judge strikes down bullet limit, upholds law

ALBANY—A federal judge in Buffalo has affirmed New York's ability to regulate firearms through a tough gun control measure passed earlier this year, but struck down one of its signature provisions - a seven-round limit on ammunition as “arbitrary.”

In a 57-page ruling issued Tuesday afternoon, Chief District Judge William Skretny upheld the SAFE Act's ban on magazines capable of holding more than 10 rounds but said restrictions on the number of bullets they contain did not have the same clear legislative purpose.

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“New York is entitled to regulate assault weapons and large-capacity magazines under the principal presumption that the law will reduce their prevalence and accessability (sic) in New York State, and thus, inversely, increase public safety," Skretny wrote. "The ban on the number of rounds a gun owner is permitted to load into his 10-round magazine, however, will obviously have no such effect because 10-round magazines remain legal. As described above, the seven-round limit thus carries a much stronger possibility of disproportionately affecting law-abiding citizens. Unlike the restrictions on assault weapons and large-capacity magazines, the seven-round limit cannot survive intermediate scrutiny. It stretches the bounds of this Court’s deference to the predictive judgments of the legislature to suppose that those intent on doing harm (whom, of course, the Act is aimed to stop) will load their weapon with only the permitted seven rounds. In this sense, the provision is not “substantially related” to the important government interest in public safety and crime prevention.”

Plaintiffs in the suit include the New York State Rifle and Pistol Association, a gun rights group, as well as Assembly Bill Nojay, a Rochester-area Republican. The National Rifle Association backed the legal challenge.

Gov. Andrew Cuomo, the SAFE Act's major proponent, had said he was confident it would withstand judicial scrutiny, and earlier challenges were dismissed. Aides to Cuomo and Attorney General Eric Schneiderman, whose office defended the law in court, did not immediately comment.

Cuomo, a Democrat, seized on the mass shooting at Sandy Hook Elementary School to quickly craft and push a vote on the bill in January, 2013. During his annual State of the State presentation, he proclaimed that “no one hunts with an assault rifle. No one needs 10 bullets to kill a deer, and too many innocent people have died already.”

The SAFE Act broadened the definition of banned assault weapons, increased penalties for illegal gun possession and required mental health professionals to report concerns about a gun-owning patients who posed a risk to themselves or others. The bill was unveiled late on the night of January 14, and passed using a “message of necessity” that waived a legally required three-day waiting period. The Senate, led by a Republican-dominated coalition, passed the measure by a 43-18 vote less than two hours after the bill’s text became public. Democrats who dominate the Assembly passed it the next day, and sent it to Cuomo for his signature.

It was amended twice within six months: the ban on magazine capacity was changed from seven to 10 rounds in the wake of complaints from manufacturers, and after lobbying by police benevolent associations, retired law enforcement officials were exempted from provisions that would prevent them from retiring with their service weapons.

“What this ruling says is the Cuomo administration drafted this law for political purposes having nothing to do with preventing crime or tragedy,” said Nojay. “I said that from the beginning, and the judge has agreed with us. I don't think what the judge did by upholding the other provisions validates the SAFE Act—its says he didn't find a constitutional flaw—but all of those issues are still up in the air.”

Some Republicans want the law repealed in its entirety, but NYSRPA President Tom King has said that lawsuits provide the clearest chance of a remedy, given the state's political climate. Nojay said he expected the ruling would be eventually decided by the United States Supreme Court.